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Institutional Terms & Conditions

General Terms & Conditions

BEFORE ENTERING THIS WEBSITE, PLEASE READ CAREFULLY THE FOLLOWING IMPORTANT TERMS AND CONDITIONS (THE "TERMS") THAT GOVERN YOUR ACCESS TO, AND USE OF, THIS WEBSITE, AND ACKNOWLEDGE YOUR AGREEMENT AND UNDERSTANDING OF THEM. IF YOU AGREE TO THE TERMS, CLICK "ACCEPT" AT THE END OF THIS DOCUMENT TO ENTER THIS WEBSITE. IF YOU CLICK "LEAVE PAGE" YOU WILL NOT BE ABLE TO ACCESS THIS WEBSITE. THESE TERMS ARE A BINDING AGREEMENT BETWEEN YOU AND FINEX CAPITAL MANAGEMENT LLP, AND GOVERNS YOUR ACCESS AND USE OF THE WEBSITE.

YOU (THE "USER") AGREE NOT TO UNDERTAKE ANY ACT OR OMISSION THAT WOULD CONSTITUTE A BREACH OF THESE TERMS. WHERE YOU USE THIS WEBSITE ON BEHALF OF YOUR EMPLOYER OR AN ORGANISATION YOU REPRESENT AND WARRANT THAT YOU ARE AUTHORISED BY SUCH EMPLOYER OR ORGANISATION TO ACCESS AND USE THE WEBSITE AND TO AGREE TO THE FOLLOWING TERMS ON THEIR BEHALF. IN SUCH CIRCUMSTANCES, EXCEPT WHERE EXPRESSLY PROVIDED TO THE CONTRARY, "USER" SHALL REFER TO A USER AND ITS EMPLOYER OR THE ORGANISATION ON WHOSE BEHALF THE USER USES THIS WEBSITE JOINTLY AND SEVERALLY.

This Website is provided by Finex Capital Management LLP on its own behalf and on behalf of any members of the FinEx Group of companies from time to time (together "FinEx") which may be responsible for the Website's content and any of the financial instruments, mainly exchange traded funds, (each a ‘Fund’) described or provided through it (together "The Website"). FinEx Capital Management LLP incorporated as a Limited Liability Partnership in England and Wales (No.OC364091) with its registered office at 4, Hill Street, London, W1J 5NE. FinEx Capital Management LLP is authorised and regulated in the United Kingdom by the Financial Conduct Authority (the "FCA") with FCA registered number 550784, under the Financial Services and Markets Act 2000 to conduct regulated investment activities in the United Kingdom.

  1. For Institutional Investors only - This part of the Website and its content is restricted to Institutional Investors (as defined at 3.3 below) only and is not intended for retail or private investors. Persons other than Institutional Investors should not click on the "ACCEPT" button. By agreeing to these Terms, the User confirms and acknowledges that it is acting in its capacity as an Institutional Investor or representing an Institutional Investor.

  2. No offer - The information and material on the Website, including any offering document, is intended to be used for information purposes only. None of the information constitutes a public offer of securities under any applicable legislation, or an offer to sell, or a solicitation or an offer to purchase, any financial instruments. Pricing levels and valuations published on the Website are indicative and they and other information displayed thereon are for information purposes only.

  3. Selling restrictions - 3.1 The distribution of the information and material on this Website may be restricted by law in certain countries. None of the information is directed at, or is intended for distribution to, or use by, any person or entity in any jurisdiction (by virtue of nationality, place of residence, domicile or registered office) where publication, distribution or use of such information would be contrary to local law or regulation, or would subject FinEx to any registration or licensing requirement in such jurisdiction. You must inform yourself about, and observe any such restrictions in your jurisdiction and by accessing this website you represent that you have done so. The offering circulars and prospectuses referred to on this Website contain information as to the selling restrictions applicable to any particular Fund and the User should read them carefully. 3.2 In particular, the following restrictions apply: - Residents of the United States of America: - The information set out in the Website is not directed to the United States. US persons (as defined in Regulation S under the US Securities Act 1933) and persons resident in the US may not enter the Website. Information from this Website may not be distributed or redistributed into the United States or into any jurisdiction where it is not permitted. Any securities described on this Website have not been and will not be registered under the US Securities Act of 1933 as amended and trading in the securities has not been approved for purposes of the US Commodities Exchange Act of 1936. The securities may not be offered or sold in the United States, to US persons or US residents. The products described on the Website are only offered or sold to persons in any other jurisdiction, if applicable law permits this. 3.3 Institutional Investors For the purposes of these Terms, references to an "Institutional Investor" shall include: - a) a person authorised by the FCA to conduct regulated investment activities in the United Kingdom and a person in another member state of the EU similarly authorised by a local regulatory body equivalent to the FCA; - b) a government, local authority or international organisation; - c)any body corporate which satisfies (or is a member of the same group as an undertaking which satisfies) either of the following size requirements: (i) that it is a company which has more than 20 members (or is the subsidiary of a parent undertaking which has more than 20 members), and it has a called up share capital or net assets of not less than £500,000; or (ii) that it is a company and it has a called up share capital or net assets of not less than £5 million; - d) any unincorporated association or partnership which has net assets of not less than £5 million; - e) a trustee of a trust which has assets (before deducting the amount of its liabilities) of £10 million or more or has had assets (before deducting the amount of its liabilities) of £10 million or more at any time during the year prior to accessing this part of the Website; - f) any person whilst acting in the capacity of director, officer or employee of any of the persons listed at (c), (d) or (e) above where that person’s responsibilities, when acting in that capacity, involve him in the person listed at (c), (d) or (e) above engaging in investment activity; and - g)any other person whose ordinary activities involve him in investing in Funds for the purposes of a business carried on by it, him or her. In accessing the Website you will be undertaking, warranting and representing to FinEx that you are an Institutional Investor. Please note that FinEx will be acting in reliance upon your undertaking, warranty and representation and you shall indemnify us and hold us harmless against all claims liabilities, losses, damages, costs and expenses incurred or suffered by us by reason of any breach of such undertaking, warranty and representation. The Website does not facilitate Users to make investments in any of the Funds. As a matter of general policy FinEx will not conduct regulated investment activities with any person as a result of their receiving information from the Website without obtaining further information to verify that that person is an Institutional Investor.

  4. No investment advice - Although this Website may include investment-related information, information made available on this Website should not be considered as legal, tax, investment or securities advice or any form of recommendation to purchase, sell or hold any Funds or services described in it, or any opinion regarding the appropriateness of any investment. Any investment decisions should be made following the receipt of appropriate financial, tax, accounting, legal and other professional advice and following checks as to the accuracy of all relevant information, and not on the basis of anything on this Website alone.

  5. Decisiveness of offering circular, prospectus or securities statement - An offering circular, prospectus or securities statement referring to a specific product or Fund is available on the Website. Users should carefully read the information contained therein before making any investment decision, including the risk factors set out in any such document. The Prospectus, Supplement, Key Investor Information Documents for the relevant Fund, financial statements of the Company, the material contracts referred in the Prospectus, the UCITS Regulations, the UCITS series of notices issued by the Central Bank of Ireland and a list of past and current directorships and partnerships held by each Director over the last five years can be obtained from FinEx Funds PLC’s Company Secretary at the registered offices at 2nd Floor Beaux Lane House, Mercer Street Lower, Dublin 2, Ireland and at the registered office of FinEx Capital Management LLP at 4, Hill Street, London W1J 5NE. In the event of any inconsistency between the information on this Website regarding a specific product or Fund and the terms specified in the relevant offering circular, prospectus or securities statement the latter shall prevail.

  6. Historical and future performance - Past performance information (either actual or simulated) contained on this Website is not indicative of future results and FinEx does not guarantee future performance. The value of an investment in a Fund may go up as well down so that an investor's investment in a Fund, when redeemed or sold, may be more or less than the original investment amount. By its nature, investment in a Fund or product referred to on this Website is only suitable for sophisticated investors who do not require immediate liquidity for their investment, for whom an investment in a Fund does not constitute a complete investment programme and who fully understand and are willing to assume the high risk involved in the investment programme of a Fund. Particular attention is drawn to the risk factors set out in any Fund’s offering circular or prospectus.

  7. No representations or warranties for contents - Although reasonable efforts have been used to ensure that the information set out on this Website is reliable, no representation or warranty is made as to its accuracy, completeness and adequacy and FinEx bears no responsibility for the rectification of errors which may occur from time to time. Any opinions expressed reflect the current view of FinEx, in its capacity as distributor, which may change without notice. The use of any information set out in this Website is entirely at the recipient's own risk. The information and opinions contained on this Website are provided without any express or implied warranty. FinEx does not take any responsibility for any information contained on this Website provided by third parties.

  8. Use of the Website - Changes to the Website - FinEx grants you a limited right to use the Website. Your right to use the Website is subject to your agreement to abide by these Terms in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Website. FinEx reserves the right to partly or completely change the Website at any time and to restrict, interrupt or terminate its service without notice. - Changes to these Terms - FinEx reserves the right to modify or amend these Terms at any time without notice. FinEx invites you to consult these terms and conditions from time to time, to familiarise yourself with the changes.

  9. Limitations on liability - In no event shall FinEx be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this Website or the use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if FinEx or its representatives, are advised of the possibility of such damages, losses or expenses. FinEx does not limit or exclude liability for death or personal injury resulting from its negligence or where this would be prohibited by law (including the Rules of the UK Financial Services Authority).

  10. Indemnity - You shall indemnify, defend and hold harmless FinEx and its agents, employees and third party sources for any loss, liability or cost suffered by them as a result of (a) your use of the Website; (b) any breach of these Terms or any representation, warranty or covenant made or given by you in these Terms; or (c) your violation of any applicable law, statute, ordinance, regulation or of any third party's rights.

  11. Copyright - Unless stated otherwise, content and design of the Website are the property of FinEx or its licensors and is protected by copyright. Any copying, selling, publication, reproduction, distribution, re-transmission, sub-licensing, assignment or other use any portion of the Website or of its content requires the prior written consent of FinEx. In using this website you undertake not to reproduce or distribute any information contained herein in whole or in part, nor to disclose any of its contents (except to your professional advisers) without the prior written consent of FinEx, who you agree has the benefit of this undertaking. You and your professional advisers will keep permanently confidential information contained herein and not already in the public domain. You may not decompose, decompile, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Website. You may not publish, broadcast, retransmit, reproduce, repackage, frame, commercially exploit, create any derivative of or otherwise redistribute all or any portion of the Website except as explicitly permitted in these Terms. As a visitor to the Website, you may view the Website and you are welcome to print hard copies of material on it for your personal, non-commercial use. You may not remove any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Website. All other copying or distribution of any part of the Website whether in electronic, hard copy or other format is prohibited and all other rights reserved. Any copies must not alter the original content and must reproduce our copyright notices.FinEx or other FinEx marks referred to on the Website are trademarks which belong to FinEx or their licensors in the United Kingdom or other countries. No visitor may use such trademarks or other devices without the prior written consent of FinEx. Other product and company names reproduced on the Website may be the trademarks (registered or otherwise) of the respective owners, and all rights in the material on any other websites which you may be able to link to from the Website are owned by third parties. Barclays Bank PLC (“Barclays”) is not the issuer or producer of any of the Funds and Barclays has no responsibilities, obligations or duties to investors in the Funds. The Barclays Tradeable Russian Corporate Bond (EMRUS) Index is a trademark owned by Barclays Bank PLC and licensed for use by FinEx Capital Management LLP. Investors acquire interests in the Funds from FinEx and investors do not acquire any interest in Barclatys EM Tradeable Russian Corporate Bond (EMRUS) Index nor enter into any relationship of any kind whatsoever with Barclays upon making an investment in the Funds. The Funds are not sponsored, endorsed, sold or promoted by Barclays and Barclays makes no representation regarding the advisability of the Funds or use of the Barclays Tradeable Russian Corporate Bond (EMRUS) Index or any data included therein. Barclays shall not be liable in any way to the Issuer, investors or to other third parties in respect of the use or accuracy of the Barclays Tradeable Russian Corporate Bond (EMRUS) Index or any data included therein.

  12. User conduct - You agree not to use the Website in any way that will violate or infringe any laws or regulations of any jurisdiction or the rights of any person. You make certain representations and warranties regarding your use of the Website. You represent and warrant that: (a) you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms; (b) you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms; and (c) you will not delete any of the content available on the Website, including, without limitation, any information, data, tools, products, services and other content available on or through the Website.

  13. Privacy Policy - FinEx respects your privacy. Personal data, which is collected when visiting this website, is processed according to requirements under English law. Such information may be collected through "traffic data" and may entail the use of "cookies", "IP addresses" or other numeric codes used to identify your computer. We may also collect personal data from you through the Website or via email when you contact us. Such information may be retained and used by us for general research purposes, to communicate with you to respond to any queries or requests made by you and for any other reasonable purposes for which you have provided such information. [In addition, we may use such data from time to time to send you further information relating to FinEx's products or services which we feel may be of interest to you or any information which you have expressed an interest in to FinEx to your usual contact at FinEx or through email or this Website. You may notify us at any time if you wish to cease receiving this further information by contacting your usual contact at FinEx or by sending an email requesting this to [email protected]. As a means of processing and using your personal data for the purposes set out above, we may transfer such data to FinEx's affiliates or other selected third parties located anywhere in the world (who may process, use and similarly transfer your data) where this is reasonably required or deemed reasonably appropriate by us in order to provide you with the above information. Such third parties may be based in countries where data protection laws might not exist or be of a lower standard than the European Union. We may investigate any complaint or reported violation of our policies. We may report any activity that we suspect may violate any law or regulation to regulators, law enforcement officials or other persons or entities that we deem appropriate. We may issue warnings, suspend or terminate use of the Website, deny access to all or part of the Website or take any other action that we deem appropriate. We are committed to protecting your privacy and we implement various security measures in relation to our processing and transfer of personal data to try to ensure that your personnel data is kept secure against unauthorised access, loss, disclosure or destruction. However, the nature of the Internet is such that the data may in some circumstances flow over networks without full security measures and could be accessible to unauthorised persons. By clicking on the "Accept" button you confirm that you consent to the uses of information relating to you set out above and you authorise us to make available, transfer and disclose such information to third parties in the manner described above. If you wish, you may have a copy of the personal data held by us in relation to you. We may, to the extent allowed by law, charge you a fee for this.

  14. Safety of Communication - Communications over the Internet and by e-mail cannot be guaranteed to be secure. There is a risk that information contained within an e-mail communication and any attachment thereto, including potentially confidential information, may be intercepted, lost, destroyed or delayed in transmission, or that information displayed on the Website may be changed or modified through malicious attacks or "hacking". Although FinEx will use reasonable efforts to minimise such risk, it does not warrant that any communication or e-mail or any attachments thereto, that are sent out, will be free from viruses, worms or other harmful components.

  15. Hyperlinks - Certain hypertext links on the Website may lead the user to Websites that are not under the control or charge of FinEx. When the User clicks on such a link, he leaves the Website of FinEx and enters the third-party site at its own risk. FinEx is not responsible for and shall not be liable for any material contained in or activities conducted through any other non-FinEx website.

  16. Governing Law and Jurisdiction - These Terms and any non-contractual obligations arising out of or in connection with them are governed by and shall be construed in accordance with English law and are subject to the exclusive jurisdiction of the English courts.

  17. Severability - If at any time any provision (or part of any provision) of these Terms is, or becomes, illegal, invalid or unenforceable in any respect under the law of any jurisdiction, that shall not affect the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of this provision) of these Terms.

  18. Miscellaneous - A failure to exercise or delay in exercising a right or remedy provided by these Terms or by law does not constitute a waiver of the right or remedy or a waiver of other rights or remedies. No single or partial exercise of a right or remedy provided by these Terms or by law prevents further exercise of the right or remedy or the exercise of another right or remedy. FinEx may assign, subcontract or transfer all or any of its rights and obligations under these Terms (including to FinEx's successors or assigns, any of FinEx's affiliates or their successors or assigns) located anywhere in the world without requiring further consent from you, and upon such assignment, sub-contracting or transfer, FinEx may be relieved of any further obligation to you under them. To the extent required and at our request, you agree to do anything reasonably necessary or beneficial to give effect to such assignment, sub-contracting or transfer. You may not assign, subcontract or transfer these Terms in whole or in part to any third party without our prior written consent. A person who is not a party to these Terms (other than an affiliate of FinEx or any other person entitled to indemnification under these Terms) shall have no right under the U.K. Contract (Rights of Third Parties) Act 1999 to enforce the terms and conditions of these Terms but this shall not affect any right or remedy of a third party which exists or is available apart from under that Act.

FUNDS ARE NOT SPONSORED, ENDORSED, SOLD OR PROMOTED BY MSCI INC. (“MSCI”), ANY OF ITS AFFILIATES, ANY OF ITS INFORMATION PROVIDERS OR ANY OTHER THIRD PARTY INVOLVED IN, OR RELATED TO, COMPILING, COMPUTING OR CREATING ANY MSCI INDEX (COLLECTIVELY, THE “MSCI PARTIES”). THE MSCI INDEXES ARE THE EXCLUSIVE PROPERTY OF MSCI. MSCI AND THE MSCI INDEX NAMES ARE SERVICE MARK(S) OF MSCI OR ITS AFFILIATES AND HAVE BEEN LICENSED FOR USE FOR CERTAIN PURPOSES BY LICENSEES. NONE OF THE MSCI PARTIES MAKES ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO THE ISSUER OR OWNERS OF THIS FUND OR ANY OTHER PERSON OR ENTITY REGARDING THE ADVISABILITY OF INVESTING IN FUNDS GENERALLY OR IN THIS FUND PARTICULARLY OR THE ABILITY OF ANY MSCI INDEX TO TRACK CORRESPONDING STOCK MARKET PERFORMANCE. MSCI OR ITS AFFILIATES ARE THE LICENSORS OF CERTAIN TRADEMARKS, SERVICE MARKS AND TRADE NAMES AND OF THE MSCI INDEXES WHICH ARE DETERMINED, COMPOSED AND CALCULATED BY MSCI WITHOUT REGARD TO THIS FUND OR THE ISSUER OR OWNERS OF THIS FUND OR ANY OTHER PERSON OR ENTITY. NONE OF THE MSCI PARTIES HAS ANY OBLIGATION TO TAKE THE NEEDS OF THE ISSUER OR OWNERS OF THIS FUND OR ANY OTHER PERSON OR ENTITY INTO CONSIDERATION IN DETERMINING, COMPOSING OR CALCULATING THE MSCI INDEXES. NONE OF THE MSCI PARTIES IS RESPONSIBLE FOR OR HAS PARTICIPATED IN THE DETERMINATION OF THE TIMING OF, PRICES AT, OR QUANTITIES OF THIS FUND TO BE ISSUED OR IN THE DETERMINATION OR CALCULATION OF THE EQUATION BY OR THE CONSIDERATION INTO WHICH THIS FUND IS REDEEMABLE. FURTHER, NONE OF THE MSCI PARTIES HAS ANY OBLIGATION OR LIABILITY TO THE ISSUER OR OWNERS OF THIS FUND OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE ADMINISTRATION, MARKETING OR OFFERING OF THIS FUND.

ALTHOUGH MSCI SHALL OBTAIN INFORMATION FOR INCLUSION IN OR FOR USE IN THE CALCULATION OF THE MSCI INDEXES FROM SOURCES THAT MSCI CONSIDERS RELIABLE, NONE OF THE MSCI PARTIES WARRANTS OR GUARANTEES THE ORIGINALITY, ACCURACY AND/OR THE COMPLETENESS OF ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN. NONE OF THE MSCI PARTIES MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY THE ISSUER OF THE FUND, OWNERS OF THE FUND, OR ANY OTHER PERSON OR ENTITY, FROM THE USE OF ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN. NONE OF THE MSCI PARTIES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, OMISSIONS OR INTERRUPTIONS OF OR IN CONNECTION WITH ANY MSCI INDEX OR ANY DATA INCLUDED THEREIN. FURTHER, NONE OF THE MSCI PARTIES MAKES ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND THE MSCI PARITES HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO EACH MSCI INDEX AND ANY DATA INCLUDED THEREIN. WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT SHALL ANY OF THE MSCI PARTIES HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR ANY OTHER DAMAGES (INCLUDING LOST PROFITS) EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

Copyright © 2012